Bail Hearings

Securing your release at a bail hearing

After an arrest, the judicial system's practice is to hold a bail hearing unless the police release you. In preparing for it, you have the constitutional right to receive full disclosure of the allegations against you.

An established bail hearing lawyer will advise you on how to handle cross-examination during your hearing. Securing bail matters: it adds weight to your defense by showing the court that you are not a flight risk or a danger to the public.

Sarbazevatan Law keeps track of changes to pre-trial custody rules so that you follow the correct procedures and are released. Being released also reduces stress and lets you and your lawyer work on your case in a calmer, more private setting, rather than within the limits of jail visiting hours.

Your right to bail

Unless there is just cause and the court decides detention is necessary, every person in Canada has the right to be released on bail. A skilled lawyer will present strong arguments for your release, challenge unreasonable conditions, and protect your rights throughout the process. As your Toronto bail hearing lawyer, Sourena Sarbazevatan will advise you on the best approach to secure bail.

What the court considers at a bail hearing

A court can justify keeping you in custody on one of three grounds: the primary ground, that you may not return to court; the secondary ground, that you may commit another offence or interfere with the public if released; and the tertiary ground, that detention is needed to maintain confidence in the administration of justice. For most charges the Crown must show why you should be detained, but for certain serious offences the burden shifts to you to show why you should be released. Understanding which situation applies to you is central to preparing a successful plan.

Bail conditions and sureties

If you are released, the court will usually attach conditions. These can include reporting to police, a curfew or house arrest, staying away from certain people or places, and surrendering your passport. Many releases also require a surety, a person who agrees to supervise you and to pledge money if you breach your conditions. We help you prepare a realistic release plan and present a strong surety, because a well-prepared plan is often the difference between release and detention.

What happens if bail is denied

If bail is denied, you still have options. You may be able to bring a bail review in a higher court, or apply again if your circumstances change. Breaching an existing condition can itself lead to new charges, so it is important to understand exactly what your conditions require. Sourena Sarbazevatan can move quickly to protect your release and, where needed, to challenge a detention order.

How a bail hearing works

A bail hearing usually takes place within twenty-four hours of arrest, before a judge or a justice of the peace. The court hears the allegations, considers the accused's background and any plan for release, and decides whether detention is justified on the grounds set out in the Criminal Code. The Crown may consent to release on agreed terms, or it may seek detention, in which case the hearing becomes a contested one where evidence and argument are presented. Being ready with a complete, realistic release plan at this first opportunity is often decisive.

The role of a surety

For many releases, the court requires a surety: a family member or friend who agrees to supervise the accused and to pledge a sum of money that can be forfeited if the conditions are broken. A strong surety is someone responsible, aware of the allegations, and genuinely able to supervise the accused day to day. Preparing your surety to answer the court's questions confidently is a key part of a successful bail hearing, and it is something we take care to do well in advance.

Common bail conditions in Ontario

If you are released, the conditions attached to your bail are meant to address the court's specific concerns about your case. Common conditions include:

• reporting to a police station on set days
• a curfew or, in stricter cases, house arrest
• a no-contact order regarding the complainant or witnesses
• staying away from certain addresses or areas
• abstaining from alcohol or drugs
• surrendering your passport and not applying for travel documents
• living at an approved address, often with your surety
• not possessing weapons

The more onerous the conditions, the harder they can be to live with over many months. We work to keep them fair and realistic from the outset, and to return to court to vary them if your circumstances change.

Why choose Sarbazevatan Law

The hours after an arrest are stressful and move quickly, and what happens at the first bail hearing can shape the entire case. Sourena Sarbazevatan acts fast to gather the information the court needs, prepare a persuasive release plan, and argue for your freedom. He serves clients in English and Persian, so families can understand and take part in the process. If you or a loved one has been arrested, call as early as possible.

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